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Stanislaus County, California

County Name

Stanislaus County

Population

550,660

Area (sq mi)

1,495

County Seat

Modesto

Established Year

1854

Board of Supervisor

District 1 – Kristin Olsen
District 2 – Vito Chiesa
District 3 – Terry Withrow
District 4 – Tom Berryhill
District 5 – Jim Demartini

Form of Government

General Law

Administration Address

1010 10th Street Modesto, CA 95354

Phone Number

(209) 525-6333

Meaning of Name

Stanislaus River, named after Estanislao, a native of the area when California was under Spanish and Mexican rule.

Rulings

1-100 of 1742 results

ALVAREZ, MARY

2027536 – ALVAREZ, MARY vs. SEQUEIRA, LESTER – Defendant’s Motion for Order Compelling Plaintiff’s Compliance with the Court’s Orders Imposing Monetary Sanctions and Request for Further Monetary, Issue, Evidentiary and/or Terminating Sanctions – GRANTED, in part; DENIED, in part, without prejudice. Under the circumstances, the Court declines to r...

  • Hearing

    Jan 20, 2021

MENDEZ, HECTOR

2028632 – MENDEZ, HECTOR vs. PRIME SHINE INC – Compliance Hearing re Disposition of Settlement – HEARING REQUIRED....

  • Hearing

    Jan 20, 2021

SAING, SOVANNA

2028663 – SAING, SOVANNA vs. FCA US LLC – Plaintiff’s Motion for Attorney’s fees and Costs (Civ. Code §1794(d)) - CONTINUED, on the Court’s own motion, to March 10, 2021 at 8:30 a.m. in Department 24. The Court notes that the parties have failed to demonstrate compliance with the Court’s previous order on 11-19-2020. Therefore, the hearing is aga...

  • Hearing

    Jan 20, 2021

CURDY, JOSEPH

2024825 – CURDY, JOSEPH vs CITY OF OAKDALE – a) Defendant’s Motion for Summary Judgment or Alternatively, Summary Adjudication; b) Defendant’s Motion to Bifurcate Trial – (a) SUMMARY JUDGMENT GRANTED; (b) Defendant City of Oakdale’s Motion to Bifurcate Trial – DENIED, as MOOT. (a) Plaintiff’s request for a further continuance is denied. The reque...

  • Hearing

    Jan 15, 2021

HOWEY, JASON

2026114 – HOWEY, JASON vs BATTERY SYSTEMS INC – Compliance Hearing – GRANTED. Compliance has been shown. The Court will sign the proposed Amended Final Order and Judgment. CV-19-001779 – HIETT, DEEDEE vs VALLEY CRITTER CARE INC – Plaintiffs’ Motion to Set Aside Default Judgment, Order, Decision, Tentative Ruling, or Ruling – CONTINUED, at the r...

  • Hearing

    Jan 15, 2021

DOCTORS MEDICAL CENTER OF MODESTO INC

2021796 – DOCTORS MEDICAL CENTER OF MODESTO INC vs GARDNER TRUCKING INC – Defendant Gardner Trucking Inc.’s Motion for Summary Judgment or in the Alternative Summary Adjudication – Summary Judgment DENIED; Summary Adjudication GRANTED as to the Second and Fourth Causes of Action; Summary Adjudication DENIED as to the First, Third, and Fifth Causes ...

  • Hearing

    Jan 14, 2021

CARLSON, STACEY

2017458 – CARLSON, STACEY vs GANT, VERNON – Defendant Vernon F Gant, an Individual and doing business as the Law Office of Gant & Gant’s Motion for Summary Judgment – CONTINUED, on the Court’s own motion, to March 5, 2021 at 8:30 a.m. in Department 23....

  • Hearing

    Jan 14, 2021

HOLLINSHED, LYNETTE

9000647 – HOLLINSHED, LYNETTE vs EMPLOYMENT DEVELOPMENT DEPARTMENT – Defendants Employment Development Department’s and Mary Ruiz’ Motion for Summary Judgment or, in the Alternative, Summary Adjudication – CONTINUED on the Court’s own motion to January 27, 2021, at 8:30 a.m. in Department 22. CV-18-000121 – AMERICAN EXPRESS NATIONAL BANK vs CORTE...

  • Hearing

    Jan 14, 2021

JOHNSON, LAIRD VS JOHNSON, DEBRA

Defendant’s Motion to Set Aside and Vacate Judgment (Code Civ. Proc. §663a) – DENIED. Defendant has not demonstrated an incorrect or erroneous legal basis for the challenged decision....

  • Hearing

    Jan 06, 2021

KIRK, SANDRA ANN VS JELLY BELLY CANDY COMPANY

Defendant Jelly Belly Candy Co.’s Motion to Tax Costs – GRANTED, in part. The Court finds that Defendant has its her burden of demonstrating that certain of the costs claimed are unrecoverable under Code Civ. Proc. §1033.5, or that certain claimed costs are excessive and/or unreasonable, such that the burden shifts to Plaintiffs to show that the ...

  • Hearing

    Jan 06, 2021

GILL, RITA VS. WILSON, ELAINE M

Plaintiff Pardeep Sahota’s Motion to Compel Further Responses from Defendant John J. Souza, Jr. to Request for Production of Documents, Set 1; and for Monetary Sanctions – GRANTED. Based on the Joint Status Statement, it appears that the parties have now engaged in meaningful meet and confer efforts as directed by the Court and that these efforts...

  • Hearing

    Dec 11, 2020

CAREY, MARY VS. BANUELOS JR, FILEMON

Defendant’s Motion for Order Granting a Prior Separate Trial on Liability Issues – GRANTED, in part; DENIED, in part. The Court finds that Defendant is entitled to invoke the procedure prescribed by Civ. Code §3295(d), with regard to a separate trial for the presentation of financial evidence and the determination of the amount of punitive damage...

  • Hearing

    Dec 11, 2020

IN THE MATTER OF GEORGE T MORRISON JR. REVOCABLE SURVIVORS TRUST

Paula Charron’s Motion to Tax Costs Originally Filed 08/01/19 – HEARING REQUIRED. Counsel to apprise of status of stipulation....

  • Hearing

    Nov 19, 2020

SAING, SOVANNA

2028663 – SAING, SOVANNA vs. FCA US LLC – Plaintiff’s Motion for Attorney’s Fees and Costs Pursuant to Civil Code Section 1794(d) – CONTINUED, on the Court’s own motion, to January 20, 2021 at 8:30 a.m. in Department 24. The parties are instructed to meet and confer, through their respective counsel, in a good faith attempt to narrow and/or resol...

  • Hearing

    Nov 19, 2020

TRESSLER, STEVEN VS AMERIFI MORTGAGE

Defendants Sepehr Khanian, Steven Hall, Parliament Financial Group, Summit Research Firm, Inc. and Nationwide Consumer Solutions Corp.'s Motion to Dismiss for Failure to Bring Case to Trial within 5 Years - HEARING REQUIRED. Counsel shall appear to advise the Court as to the status of the matter....

  • Hearing

    Nov 03, 2020

LUARTE, MARTIANO VS RAYMUNDO, DOLORES

Plaintiff’s Motion to Continue Case Management Hearing and Postpone All Legal Matters – GRANTED in part, DENIED in part and unopposed. Plaintiff’s unopposed request to continue the Case Management Conference scheduled for November 30, 2020 is granted. The Case Management Conference is rescheduled for March 8, 2021, at 1:30 p.m. in Department 22. ...

  • Hearing

    Nov 03, 2020

PRASAD, RAJENDRA RAYMOND

2028516 – PRASAD, RAJENDRA RAYMOND vs. REDDING, ROSS B – Plaintiff’s Motion to File Amended Complaint – GRANTED, and unopposed. The Court finds that the motion establishes sufficient grounds for the amendment to substitute Plaintiff’s successor-in-interest to pursue his surviving claims in this action. (Code Civ. Proc. §377.32.) Plaintiff shall f...

  • Hearing

    Oct 23, 2020

DOCTORS MEDICAL CENTER OF MODESTO INC

2021796 – DOCTORS MEDICAL CENTER OF MODESTO INC vs. GARDNER TRUCKING INC – Defendant Gardner Trucking Inc.’s Motion for Summary Judgment or, in the alternative, Summary Adjudication – CONTINUED, on the Court’s own motion, to January 14, 2021 at 8:30 a.m. in Department 23. The Court requires more time to review this matter....

  • Hearing

    Oct 23, 2020

STAMOS, NICHOLAS JAMES

2130576 – STAMOS, NICHOLAS JAMES vs. SAVE MART COMPANIES INC. – Plaintiff Michelle Ann Stamos’ Motion to Continue Action as Plaintiff Decedent’s Successor in Interest, CCP Section 377.32 – GRANTED, and unopposed. The Court will sign the proposed order submitted by Plaintiff. CV-20-002421 – SINGH, RUPINDER vs. SINGH, SARBINDER – Defendants Sarbi...

  • Hearing

    Oct 22, 2020

MENDEZ-VILLEGAS, TERESA

2014212 – MENDEZ-VILLEGAS, TERESA vs. DUARTE NURSERY INC – Defendant Patricia Lopez’s Motion for Summary Judgment (CCP 437c) – DENIED. Plaintiffs have sufficiently demonstrated that an issue of fact exists as to whether Defendant Patricia Lopez is individually responsible for violations of Labor Code sections 558 or 1197.1. There is testimony tha...

  • Hearing

    Oct 22, 2020

DOCTORS MEDICAL CENTER OF MODESTO INC VS. GARDNER TRUCKING INC

a) Defendant Gardner Trucking Inc’s Motion for Summary Judgment or in the Alternative Summary Adjudication; b) Defendant Gardner Trucking Inc’s Motion to File Under Seal Exhibits in Support of Defendant Gardner Trucking Inc’s Motion for Summary Judgment or in the Alternative Summary Adjudication; c) Plaintiffs’ Motion for Leave to File First Amende...

  • Hearing

    Oct 09, 2020

BAKER, MARK VS. TAYLOR BACKHOE SERVICE

Third Party Zurich American Insurance Company’s Motion for an Order Granting Leave to File a Complaint in Intervention to Assert Workers’ Compensation Lien – GRANTED, and unopposed. The Court finds that the action falls within the provisions of Lab. Code §3853, such that intervention is mandatory under Code Civ. Proc. §387(d)(1)(A). Therefore, th...

  • Hearing

    Oct 09, 2020

IN THE MATTER OF GEORGE T MORRISON JR REVOCABLE SURVIVORS TRUST

Paula Charron’s Motion to Tax Costs Originally Filed 08/01/19 – HEARING REQUIRED:The parties shall be prepared to update the Court with regard to whether a personal representative has been appointed for the petitioner....

  • Hearing

    Oct 08, 2020

SEABRIGHT INSURANCE COMPANY VS. DEL MONTE FOODS INC

Plaintiff’s Joint Motion for Preferential Trial Date – GRANTED. Plaintiffs have demonstrated that Addison Rafferty is entitled to trial preference based on Code Civ. Proc. §36(b). The Court further finds that the interests of justice are served by granting preference to the remaining Plaintiffs as well. (Code Civ. Proc. §36(e).) The defense’s r...

  • Hearing

    Oct 08, 2020

CURDY, JOSEPH VSA. CITY OF OAKDALE

a) Defendant City of Oakdale’s Motion for Summary Judgment or Alternatively, Summary Adjudication – SUMMARY JUDGMENT GRANTED, and unopposed; b) Defendant City of Oakdale’s Motion to Bifurcate Trial – DENIED, as MOOT, in view of the Court’s ruling granting summary judgment in favor of Defendant. Based on the moving and supporting papers and eviden...

  • Hearing

    Oct 07, 2020

SILVA, JAMES VS. RUDEL, GREG

Defendants Luis Azevedo and Maria Azevedo dba Luis Azevedo Dairy (Erroneously Sued Herein as Azevedo Dairy)’s Motion for Determination that Settlement is in Good Faith – DROPPED pursuant to the moving parties’ request. CV-20-002330 – ANHAR, MICHAEL N VS. TURLOCK POLICE DEPARTMENT – Petitioner’s Petition for Declaratory Relief and Writ of Mandate ...

  • Hearing

    Oct 07, 2020

HERNANDEZ, JUAN VS. FCA US LLC

Plaintiff’s Motion to Compel the Deposition of Defendant’s Person Most Knowledgeable and Production of Documents – CONTINUED, pursuant to the request of the parties, to December 8, 2020 at 8:30 a.m. in Department 24. If the dispute cannot be resolved by continued good faith efforts, the parties shall file a Joint Status Statement no later than 5 ...

  • Hearing

    Oct 06, 2020

BOER & SONS INC VS. GOMES, ROBERT W

Plaintiff/Cross-Complaints Boer & Sons Inc’s Motion to Compel Response to Request for Statement of Damages from Cross-Complainant, Robert W. Gomes, Robert W. Gomes as Trustee for the Robert W. Gomes Trust Pursuant to Code Civ. Proc. Section 425.11 – GRANTED, in part, and DENIED, in part. To the extent that the motion sought to compel Defendants t...

  • Hearing

    Oct 06, 2020

SHAW, JOSEPH VS. MEMORIAL MEDICAL CENTER

a) Defendant Magdy Elsakr, M.D.’s Motion for Summary Judgment, or in the alternative Summary Adjudication; b) Defendant Abrar Mirza’s Motion for Summary Judgment – a) – WITHDRAWN per written notice filed by Defendant Elsakr on September 18, 2020. b) – GRANTED and unopposed. CV-20-001748 – CALIFORNIA SPORTFISHING PROTECTION ALLIANCE VS. SAN LU...

  • Hearing

    Sep 24, 2020

PORTFOLIO RECOVERY ASSOCIATES VS., ROBY, JERRY A

Plaintiff’s Motion to Vacate Judgment – DENIED, without prejudice. The Court notes that no proof of service has been submitted and the motion was filed less than 16 court days before the hearing, in violation of the provisions of Code Civ. Proc. §1005(b). Moreover, the moving papers do not appear to demonstrate sufficient grounds for the relief s...

  • Hearing

    Sep 24, 2020

SEABRIGHT INSURANCE COMPANY VS. DEL MONTE FOODS INC

a) Defendant/Cross-Complainant R&S Erection Tri-County Inc’s Motion for leave to Amend Cross-Complaint ; b) Defendants Nova Technology Internation LLC and Multi-Fab West LLC’s Motion for Leave to File a Cross-Complaint – a) GRANTED, and unopposed. The Court finds that Defendants have sufficiently demonstrated grounds to assert the proposed Cros...

  • Hearing

    Sep 23, 2020

LYNN, PATRICIA G VS. NAVARRO, EVELYN SOS

Plaintiff’s Attorney’s Motion to be Relieved as Counsel – GRANTED, and unopposed. The effective date of the order shall be delayed until counsel submits proof of service of the signed order on the client. (Cal. Rules of Ct., rule. 3.1362(e).)...

  • Hearing

    Sep 23, 2020

TRESSLER, STEVEN VS. AMERIFI MORTGAGE

Defendants Sepehr Khanian, Steven Hall, Parliament Financial Group, Summit Research Firm Inc. and Nationwide Consumer Solutions Corp.’s Motion to Dismiss for Failure to Bring Case to Trial within 5 Years – HEARING REQUIRED. Counsel shall appear to advise the Court regarding the status of the matter....

  • Hearing

    Sep 15, 2020

SABAHI, IRAJ VS. JENSEN, LESLIE

Plaintiff’s Motion to Quash Defendant’s Deposition Subpoenas for Production of Business Records to Blackhawk TMS and David Pingitore, PHD – CONTINUED, on the Court’s own motion, to September 30, 2020 at 8:30 a.m. in Department 24. Based on the papers submitted, both sides have expressed a willingness to compromise, to some degree, with regard to ...

  • Hearing

    Sep 15, 2020

SHAW, JOSEPH VS. MEMORIAL MEDICAL CENTER

Defendants Sutter Health and Sutter Valley Hospitals dba Memorial Medical Center’s Motion for Summary Judgment – GRANTED, and unopposed. The motion for summary judgment presents sufficient evidence to warrant summary judgment in favor of Sutter Health and Sutter Valley Hospital dba Memorial Medical Center. CV-19-006560 – BANK OF AMERICA NA VS. ...

  • Hearing

    Sep 15, 2020

J MARCHINI & SON INC VS. DUARTE NURSERY INC

a) Defendant Duarte Nursery Inc’s Motion for Summary Judgment against Plaintiffs Bakersfield Land Co LLC and Laborde Land Co LLC, or, Alternatively, Motion for Summary Adjudication; b) Defendant Duarte Nursery Inc’s Motion for Summary Judgment, or in the Alternative, Motion for Summary Adjudication against Plaintiffs Parsons Farms; Vignolo Farms In...

  • Hearing

    Sep 03, 2020

LIPKO, JOSEPH JAMES VS. NICASIO, DAREK ALLAN

a) Defendant American Medical Response West and Darek Nicasio’s Motion for Summary Judgment – DROPPED, at the request of the moving parties; b) Plaintiff’s Motion for Sanctions Pursuant to Code of Civil Procedure Section 128.7 – DROPPED, at the request of the moving party. CV-20-002861 – MURDOCH, RICHARD VS. CITY OF OAKDALE – a) OSC re: Prelimina...

  • Hearing

    Sep 03, 2020

FOGEL, JACQUELINE

2029574 – FOGEL, JACQUELINE vs. EVINS, CHARLES, JR. – Order to Show Cause Hearing to Reclassify Case as Unlimited Civil – GRANTED. The Court reclassifies this case as an unlimited civil case nunc pro tunc as of January 14, 2019. Plaintiff Jacqueline Fogel shall pay the reclassification fee of $140.00 to the Clerk of the Court within ten days. N...

  • Hearing

    Aug 26, 2020

SHARP, RAVEN

2027151 – SHARP, RAVEN vs. NATURAL REMEDIES CONSULTING INC – Plaintiff’s Motion to Compel Defendants Natural Remedies Consulting, Inc., Richard King and Cheryl King to Respond Without Objection to Requests for Admissions, Requests for Production of Documents, Special Interrogatories and Judicial Council Form Interrogatories – HEARING REQUIRED. Th...

  • Hearing

    Aug 26, 2020

SABAHI, IRAJ VS. DILANIANSABAHI, VICTORIA

a) Plaintiff’s Motion to Have Admissions Deemed Admitted; b) Plaintiff’s Motion to Compel Responses to Form Interrogatories, Set Two – Both motions are DENIED, in part, as MOOT, but GRANTED, in part, as to monetary sanctions. The requests to deem matters admitted and to compel responses to interrogatories are MOOT, in view of Defendant’s eviden...

  • Hearing

    Aug 20, 2020

MODESTO CITY SCHOOLS VS. PANAMAX LLC

Defendant’s Motion for Summary Judgment – Defendant’s Motion for Summary Judgment – DENIED. Defendant contends that the superior equities doctrine prohibits Plaintiff’s recovery here. It argues that the primary causes of the loss were 1) the failure of the business that installed the transformer to properly ground it; 2) Plaintiff’s failure to in...

  • Hearing

    Aug 20, 2020

THE PEOPLE OF THE STATE OF CALIFORNIA VS. KHAOONE, MAX

Claimant’s Attorney’s Motion to be Relieved as Counsel – GRANTED, and unopposed. Withdrawing counsel shall advise Claimant in writing of the scheduled October 26, 2020 case management conference and his obligation to be participate, either himself or through newly retained counsel....

  • Hearing

    Aug 20, 2020

AMERICAN EXPRESS VS. DANIEL, CHARMAINE

Plaintiff’s Motion to Vacate Judgment and Dismiss Action with Prejudice – GRANTED, and unopposed. Plaintiff has demonstrated entitlement to the requested relief. The judgment is vacated and the matter is dismissed with prejudice....

  • Hearing

    Aug 14, 2020

BOER & SONS INC VS. GOMES, ROBERT W

Defendant/ Cross-Complainant’s Motion for Preference of Trial Setting – HEARING REQUIRED. The Court intends to GRANT the motion on the basis that the moving party has demonstrated entitlement to preferential trial setting under Code Civ. Proc. §36(a). Counsel shall appear (via Court Call if possible) to select a trial date within the time period ...

  • Hearing

    Aug 14, 2020

SABAHI, IRAJ VS. JENSEN, LESLIE

Defendant’s Motion to Dismiss for Delay in Bringing Action to Trial – DENIED. Upon review of the moving and opposing papers in light of the factors enumerated in Cal. Rules of Ct., rule 3.1342, the Court, in its discretion, finds that dismissal is not warranted at this juncture. CV-18-001309 – CERNA, JULIO VS. L&K ENTERPRISES INC – Defendant Hi...

  • Hearing

    Aug 11, 2020

LYNN, PATRICIA G VS. NAVARRO, EVELYN SOSI

Plaintiff’s Attorney’s Motion to be Relieved as Counsel –DENIED, without prejudice. Proof of service demonstrates insufficient notice. (Code Civ. Proc. §1005(b).) In addition, Counsel failed to lodge and serve the proposed order on the required Judicial Council form, MC-053. (Cal. Rules of Ct., rule. 3.1362(e).)...

  • Hearing

    Aug 11, 2020

DOCTORS MEDICAL CENTER OF MODESTO INC VS. GARDNER TRUCKING INC

a) Plaintiff Doctors Medical Center of Modesto, Inc.’s Motion for Protective Order; b) Plaintiff Emanuel Medical Center’s Motion to Compel Initial and Verified Supplemental Responses from Defendant, Gardner Trucking, Inc. to Special Interrogatories, Requests for Admission; and Requests for Production of Documents, Set One; Request for Monetary Sanc...

  • Hearing

    Aug 07, 2020

ROSALES, FLORA VS. SIPHAN, JANUARY

Defendants’ Motion to Compel Responses to Special Interrogatories, Set One, Form Interrogatories, Set One, and Requests for Production of Documents, Set One – GRANTED. It is undisputed that Plaintiff failed to serve timely responses to the subject discovery. Under the provisions of Code Civ. Proc. §§2030.290(a) and 2031.300(a), all objections hav...

  • Hearing

    Aug 07, 2020

HANCE, JOHN VS. SUPER STORE INDUSTRIES

Plaintiffs’ Attorney Steven D. Waisbren’s Motion for: 1. Reconsideration of Court’s Order based upon New Facts and Circumstances (CCP Section 1008A and CCP Section 473(B)); 2. Alternative Application to Renew Motion based upon New Facts and Circumstances (CCP Section 1008(B) and CCP Section 473(b)); 3. Request for Expanded Statement of Decision/Cla...

  • Hearing

    Aug 07, 2020

GARIBAY, ARNULFO VS. QUETZAL CORPORATION

Defendants’ Motion for Terminating Sanctions – HEARING REQUIRED. CV-18-002016 – HARBRO OF NORTHERN CALIFORNIA INC VS. EVERSON, MELODIE – a) Plaintiff Har-Bro of Northern California, Inc.’s Motion to Compel Further Responses by Defendant Melodie Everson to Special Interrogatories, Set No. Two, and Request for Sanctions of $2,165 against Plaintiff ...

  • Hearing

    Aug 06, 2020

DE LA CRUZ, GABRIEL VS. PLASTIPAK PACKAGING INC

Defendants Plastipak Packaging Inc. and Beard Land & Investment Co.’s Motion for Leave to File Cross-Complaint – GRANTED, and unopposed. The Court finds that Defendants have established entitlement to the requested relief. (Code Civ. Proc. §§426.50, 428.50(c).) The proposed Cross-Complaint shall be submitted for filing within 10 days. CV-20-001...

  • Hearing

    Aug 06, 2020

DOCTORS MEDICAL CENTER OF MODESTO INC VS. GARDNER TRUCKING INC

a) Plaintiff Emanuel Medical Center's Motion to Compel Initial and Verified Supplemental Responses from Defendant, Gardner Trucking Inc. to Special Interrogatories, Requests for Admission, and Requests for Production of Documents, Set One; Request for Monetary Sanctions in the amount of $4,809.50; b) Plaintiff Lakewood Regional Medical Center, Inc....

  • Hearing

    Jul 31, 2020

MENDEZ-VILLEGAS, TERESA VS. DUARTE NURSERY INC

Defendant John Duarte’s Motion for Summary Judgment – WITHDRAWN in writing by Defendant on July 16, 2020. CV-18-003504 – LIUPAOGO, ENERETA VS. BRASIL, JOHN – Defendant John Brasil’s Motion to Order that Matters in Request for Admissions, Set One Be Deemed Admitted and for Monetary Sanctions – GRANTED, and unopposed. Pursuant to Code of Civil Pr...

  • Hearing

    Jul 31, 2020

INVESTMENT RETRIEVERS VS. MCVEY, PAUL

Non-Party Pamela Stephens’ Motion for Sanctions against Plaintiff and its Counsel – DENIED. Non-Party Pamela Stephens has not demonstrated that Plaintiff Investment Retrievers acted in a manner that was “objectively unreasonable” in seeking a ruling that Ms. Stephens and her sole proprietorship were an alter ego for her brother and his closely he...

  • Hearing

    Jul 30, 2020

MENDEZ-VILLEGAS, TERESA VS. DUARTE NURSERY INC

Defendant Patricia Lopez’s Motion for Summary Judgment – WITHDRAWN in writing by Defendant on July 16, 2020....

  • Hearing

    Jul 30, 2020

GILL, RITA VS. WILSON, ELAINE M

Plaintiffs’ Motion for Terminating and Other Sanctions, and Including Attorneys’ Fees upon Misuse of Discovery Process by Defendants John J. Souza, Jr. and Turlock Air Park, Inc. – DENIED, as to terminating sanctions; GRANTED, as to monetary sanctions. The Court declines to award terminating sanctions, as the parties agree that Defendants have no...

  • Hearing

    Jul 30, 2020

DOCTORS MEDICAL CENTER OF MODESTO INC VS. GARDNER TRUCKING INC

Plaintiff Doctors Medical Center of Modesto, Inc.’s Motion for Protective Order – CONTINUED, on the Court’s own motion, to August 7, 2020 at 8:30 a.m. in Department 23. The matter is continued for hearing concurrently with other discovery motions scheduled in the case. In the meantime, the parties are instructed to continue their efforts to meet ...

  • Hearing

    Jul 29, 2020

DIESEL DIRECT WEST INC VS. CSG PETROLEUM INC

Plaintiff/Cross-Defendant’s Motion for Attorney Fees – GRANTED, in part. The Court first notes that Defendants do not dispute the moving party’s entitlement to fees as the prevailing party pursuant to Civ. Code §1717, instead appearing to contest only the reasonableness of the hours claimed. The successful party is normally entitled to a fully co...

  • Hearing

    Jul 29, 2020

MATTER OF GEORGE T MORRISON JR, REVOCABLE SURVIVORS TRUST

Paula Charron’s Motion to Tax Costs – HEARING REQUIRED....

  • Hearing

    Jul 29, 2020

SHAW, JOSEPH VS. MEMORIAL MEDICAL CENTER

Defendant Moe Sanda Cho, M.D.’s Motion for Summary Judgment – DROPPED per telephone call from Defendant’s counsel on July 20, 2020. CV-20-002787 – IN RE GOMEZ, S – Petitioner’s Petition for Approval for Transfer of Payment Rights by and Between S. Gomez and Peachtree Settlement Funding LLC Pursuant to California Insurance Code 10134, Et Seq. – HE...

  • Hearing

    Jul 29, 2020

DEPEW, LISA MARIE VS. DOCTORS MEDICAL CENTER OF MODESTO INC

Defendant Stryker Corporation’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication – GRANTED, and unopposed. CV-19-002704 – LAVERONE, EDWARD R. VS. EXPRESS SERVICES, INC – Defendant Motor Parts Distributors Inc.’s Motion for Leave to File Cross-Complaint – GRANTED. The Court finds that the interests of the parties in this ...

  • Hearing

    Jul 27, 2020

SHAW, JOSEPH VS. MEMORIAL MEDICAL CENTER

Defendant Abrar Mirza’s Motion for Summary Judgment – MOOTED by dismissal without prejudice of Defendant Abrar Mirza on July 14, 2020....

  • Hearing

    Jul 27, 2020

MENDEZ-VILLEGAS, TERESA VS DUARTE NURSERY INC

Defendant Engracia Garcia’s Motion for Summary Judgment – WITHDRAWN per Notice of Withdrawal filed on July 16, 2020....

  • Hearing

    Jul 23, 2020

IBARRA, BERTHA VS TAIT MD, DOUGLAS

Plaintiff’s Counsel’s Motion to be Relieved as Counsel – HEARING REQUIRED. This Court is inclined to grant the Motion to be Relieved. However, the Court has concerns about 1) Plaintiff’s request that her (former) attorney not be allowed to place a lien on this litigation; and 2) the Request for Dismissal with prejudice filed by Plaintiff’s counse...

  • Hearing

    Jul 23, 2020

DAVIS BOAT MANUFACTURING-NORDIC INC VS SMITH, WELDON

Plaintiff’s Motion for Prevailing Party Attorney Fees in the Sum of $228,984 Against Defendant Weldon Smith, Jr. - GRANTED as amended and unopposed. The contract by which Defendant purchased a speedboat from Plaintiff contains a clause awarding attorney’s fees to the prevailing party in any dispute arising from the contract. Plaintiff’s counsel’s...

  • Hearing

    Jul 21, 2020

VAUGHN, JAMES VS STANISLAUS COUNTY OFFICE OF EDUCATION

Defendants Stanislaus County Office of Education and Thomas Changnon’s Motion for Summary Judgment or in the alternative, Summary Adjudication of Plaintiff’s Amended Complaint – DROPPED, at the request of the moving party....

  • Hearing

    Jul 21, 2020

JOHNSON, ASHLEY VS TURLOCK GROCERY OUTLET

Plaintiff’s Motion for Preliminary Approval of Class Action Settlement – CONTINUED, on the Court’s own motion, to August 21, 2020, 2020 at 8:30 a.m. in Department 24. The Court finds that the moving papers lack a sufficient discussion of the alleged fairness and adequacy of the settlement amount such that the Court is unable to conclude that the ...

  • Hearing

    Jul 21, 2020

BOER & SONS INC VS GOMES, ROBERT W

Defendant/Cross-Complainant's Motion for Order Substituting Personal Representative for Deceased Defendant, Allowing Action to be Continued Against Personal Representative, and Granting Leave to File Supplement Cross-Complaint – GRANTED. Defendant/Cross-Complainant has demonstrated entitlement to an order substituting Marcia Boer, in her capacity...

  • Hearing

    Jul 16, 2020

HARPER, REBECCA BURKE VS TARGET CORPORATION

Defendant Target Corporation’s Motion for Summary Judgment – DENIED. Defendant, as the moving party, met the initial burden of establishing prima facie entitlement to judgment based on the submitted evidence. The burden then shifts to Plaintiff to produce admissible evidence demonstrating the existence of a triable issue of material fact. (Code C...

  • Hearing

    Jul 16, 2020

VW CREDIT INC VS. HERNANDEZ JR, BENJAMIN

Defendants’ Motion to Vacate Default and default Judgment – HEARING REQUIRED. Further proceedings will take place as discussed at the hearing on June 24, 2020....

  • Hearing

    Jul 08, 2020

DUNCAN, BANDALYN VS. MODESTO ARTS MEDICAL GROUP INC

Plaintiff’s Motion to Compel Further Responses to Plaintiff’s Request for Admissions, Set Two, and Request for Monetary Sanctions – CONTINUED, on the Court’s own motion, to August 21, 2020, at 8:30 a.m. in Department 21. The Court finds that the parties have failed to engage in a meaningful meet and confer process. Plaintiffs are plainly entitled...

  • Hearing

    Jul 08, 2020

HOBBS, ANDREW VS. MODESTO IRRIGATION DISTRICT

Respondent and Defendant Modesto Irrigation District’s Motion to Determine Scope of Evidence for Trial on Remedies – GRANTED. Based on the moving and opposing arguments and the matters subject to judicial notice herein, the Court finds that Respondent has demonstrated that the proffered evidence (specifically, the Cost of Study Analysis underlyin...

  • Hearing

    Jul 08, 2020

DAVIS BOAT MANUFACTURING-NORDIC INC VS. SMITH, WELDON

Plaintiff’s Motion for Prevailing Party Attorney Fees in the Sum of $228,984 against Defendant Weldon Smith, Jr. – CONTINUED, on the Court’s own motion, to July 14, 2020, at 8:30 a.m. in Department 21....

  • Hearing

    Jul 07, 2020

SALAS, ROSARIO VS. HOWZE, HELEN JUANITA

Defendant’s Motion to Compel Further Responses to Special Interrogatories and for Monetary Sanctions – MOOT per written advice of counsel for both parties on June 29, 2020....

  • Hearing

    Jul 07, 2020

AMERICAN EXPRESS VS. DANIEL, CHARMAINE

Plaintiff’s Motion to Vacate Judgment and Dismiss Action with Prejudice – DENIED, without prejudice. Plaintiff has failed to submit proof of service of the instant motion. In addition, the supporting declaration fails to comply with the requirements of Code Civ. Proc. §2015.5; therefore, the motion is not supported by admissible evidence....

  • Hearing

    Jul 07, 2020

SEPULVEDA, ESPERANZA VS. BELLCARTER FOODS INC

Plaintiff’s Motion to Dismiss Class Action Allegations from the Operative First Amended Complaint – HEARING REQUIRED. Counsel shall be prepared to address the issue of potential prejudice to putative class members in connection with the requested dismissal. CV-19-001327 – MEZA, LARRY VS. SINGH, BAJINDER – a) Plaintiff’s Motion to Compel Respons...

  • Hearing

    Jul 07, 2020

GREG OPINSKI CONSTRUCTION INC VS. BAMBACIGNO STEEL CO INC

Plaintiff’s Motion for Order Granting Leave to Amend Complaint (by Stipulation) – GRANTED, and unopposed. Based on the information set forth in the moving papers and the stipulation between the parties, the Court finds that Plaintiff has sufficiently demonstrated grounds for the proposed amendment. The Court has broad discretion in this area and ...

  • Hearing

    Jul 02, 2020

TRESSLER, STEVEN VS. AMERIFI MORTGAGE

Defendants Sepehr Khanian, Steven Hall, Parliament Financial Group, Summit Research Firm Inc. and Nationwide Consumer Solutions Corp.’s Motion to Dismiss for Failure to Bring Case to Trial Within 5 Years – CONTINUED, on the Court’s own motion, to August 13, 2020 at 8:30 a.m. in Department 24. The Court file is missing the declaration of Mr. Linds...

  • Hearing

    Jul 02, 2020

SANTILLAN, CLAUDIA VS. JSBM INC

Plaintiff’s Unopposed Motion for Preliminary Approval of Class Action Settlement – HEARING REQUIRED. The Court is inclined to grant the motion, but there are some questions that are not sufficiently addressed in the motion, the memorandum supporting the motion, or the settlement agreement. Specifically, the Court is curious about Plaintiffs’ stat...

  • Hearing

    Jul 02, 2020

VW CREDIT INC VS. HERNANDEZ JR, BENJAMIN

Defendants’ Motion to Vacate Default and Default Judgment – HEARING REQUIRED. As ordered by the Court on May 29, both parties are to appear with all documents relating to this litigation and the incident underlying it, including but not limited to insurance payments, deficiency notices, documents regarding service of lack thereof, entry of judgme...

  • Hearing

    Jun 24, 2020

INVESTMENT RETRIEVERS VS. MCVEY, PAUL

Plaintiff’s Motion to Amend Judgment to Add Alter Ego of Judgment Debtor – DENIED with prejudice. Plaintiff has failed to come forward with sufficient evidence to prove that Pamela Stephens was or is the alter ego of her brother, Defendant Paul McVey, or the corporation of which he is apparently the sole shareholder, Defendant McVey Insurance Bro...

  • Hearing

    Jun 24, 2020

SABAHI, IRAJ VS. DILANIANSABAHI, VICTORIA

a) Plaintiff’s Motion to Compel Further Responses to Special Interrogatories, Set One; and Request for Sanctions as to Defendant Victoria Dilanian-Sabahi – DENIED; b) Plaintiff’s Motion to Compel Further Responses to Form Interrogatories, Set One; and Request for Sanctions as to Defendant Victoria Dilanian-Sabahi – DENIED. The evidence submitted ...

  • Hearing

    Jun 18, 2020

J MARCHINI & SON INC VS. DUARTE NURSERY INC

Plaintiffs’ Joint Motion to Reopen Discovery – GRANTED. Based on review of the moving and opposing papers and evidence, the Court finds that Plaintiffs have made a sufficient showing based on the factors enumerated in Code Civ. Proc. §2024.050 to warrant reopening discovery for a limited purpose. The necessity and reasons for the discovery go to ...

  • Hearing

    Jun 18, 2020

BOER & SONS INC VS. GOMES, ROBERT W

a) Cross-Defendants’ Demurrer to Fourth Amended Cross-Complaint for Damages – OVERRULED; b) Cross-Defendants’ Motion to Strike Portions of Cross-Complainants’ Fourth Amended Complaint for Damages – GRANTED, in part; DENIED, in part. (a)The Court finds that the moving parties have not demonstrated entitlement to an order sustaining the demurrer on...

  • Hearing

    Jun 18, 2020

GARIBAY, ARNULFO VS. QUETZAL CORPORATION

a) Defendants’ Motion to Compel Responses to Supplemental Discovery Requests and for Monetary Sanctions – HEARING REQUIRED; b) Defendants’ Motion for Imposition of Issue Sanctions, Evidence Sanctions, or Terminating Sanctions Against Plaintiff Arnulfo Garibay and for Monetary Sanctions – HEARING REQUIRED....

  • Hearing

    Jun 18, 2020

MENDEZ, HECTOR VS. PRIME SHINE INC

Plaintiff’s Motion for Final Approval of Class Action Settlement, Attorneys’ Fees, Costs, and Enhancement Award – HEARING REQUIRED. Based on the moving papers and supporting evidence, the Court is inclined to GRANT the motion. It appears that proper notice to the settlement class has been given in compliance with the law and as required by the Co...

  • Hearing

    Jun 17, 2020

RAMIREZ, JESUS VS. PROGRESSIVE CORPORATION

Plaintiff’s Motion to Amend Complaint – GRANTED, and unopposed....

  • Hearing

    Jun 17, 2020

C&D II RANCH VS. HAYES, DARRELL

Defendants’ Motion to Set Recoverable Attorney’s Fees Incurred on Appeal – GRANTED IN PART. Defendants have demonstrated to the Court’s satisfaction that the rate at which its attorneys billed time on the appeal of this matter was appropriate and within the range of rates customarily billed in Stanislaus County. The Court further finds that the n...

  • Hearing

    Jun 17, 2020

DORADO, ORALIA IBARRA VS. CITY OF MODESTO

Defendant City of Modesto’s Motion for Summary Judgment – DENIED, as set forth in the tentative ruling posted yesterday, repeated below for the sake of convenience. There is a genuine issue of material fact whether the intersection where Plaintiff was injured was in a dangerous condition under Government Code § 835, whether the dangerous conditio...

  • Hearing

    Jun 17, 2020

DORADO, ORALIA IBARRA VS. CITY OF MODESTO

Defendant City of Modesto’s Motion for Summary Judgment – CONTINUED by agreement of the parties to Wednesday, June 17, 2020, at 1:30 p.m. in Department 21. The Motion for Summary Judgment itself is DENIED. There is a genuine issue of material fact whether the intersection where Plaintiff was injured was in a dangerous condition under Government...

  • Hearing

    Jun 16, 2020

FOGEL, JACQUELINE VS. EVINS, CHARLES, JR.

a) Referee’s Motion for Order (1) Approving and Settling Referee’s Final Report and Accounting; (2) Approving Final Compensation and Reimbursement of Expenses; (3) Approving Referee’s Recommended Distribution of Funds; (4) Exonerating all Bonds; and (5) Retaining Jurisdiction re Referee Appointment – GRANTED;b) Plaintiff’s Motion for Allocation and...

  • Hearing

    Jun 16, 2020

SABAHI, IRAJ VS. JENSEN LESLIE

Defendant’s Motion for Appointment of Discovery Referee at Plaintiff’s Counsel’s Expense – DENIED, without prejudice. At this point, the Court is not inclined to appoint a discovery referee to oversee depositions in this action. The instant dispute appears to be primarily fueled by acrimony between counsel, which has been further demonstrated by ...

  • Hearing

    Jun 16, 2020

MATTER OF GEORGE T MORRISON JR REVOCABLE SURVIVORS TRUST

Paula Charron’s Motion to Tax Costs – HEARING REQUIRED. The parties shall be prepared to discuss the status of the appointed trustee....

  • Hearing

    Jun 12, 2020

HOWEY, JASON VS BATTERY SYSTEMS INC

Plaintiff’s Motion for Final Approval of Class and PAGA Settlement – HEARING REQUIRED. Based on the moving papers and supporting evidence, the Court is inclined to GRANT the motion. It appears that proper notice to the settlement class has been given in compliance with the law and as required by the Court’s order granting preliminary approval. Ha...

  • Hearing

    Jun 12, 2020

SAING, SOVANNA VS FCA US LLC

Plaintiff’s Motion for Issue/Evidentiary Sanctions against Defendant FCA US LLC for Continuing Failure to Produce its Person Most Knowledgeable per the Court’s October 10, 2018 and September 24, 2019 Discovery Order, or in the alternative, Impose Monetary Sanctions against FCA US LLC and its Counsel of Record, Nejla Nassirian, Esq. in the Amount of...

  • Hearing

    Jun 11, 2020

ELFAHDI, STEPHAN VS MEETPLAYLIVE

Defendant Steven Sereno’s Motion for Summary Judgment or, in the alternative, Summary Adjudication – GRANTED, and unopposed. Having considered the moving papers, the separate statement of undisputed material facts, and the evidence submitted in conjunction with the supporting declaration, and in view of the lack of opposition, the Court finds tha...

  • Hearing

    Jun 11, 2020

DOCTORS MEDICAL CENTER OF MODESTO INC VS GARDNER TRUCKING INC

a) Defendant’s Demurrer to Plaintiff Doctors Medical Center of Modesto, Inc.’s Second Amended Complaint for Damages - OVERRULED; b) Defendant’s Motion to Strike Punitive Damages and Attorneys’ Fees from Plaintiff Doctors Medical Center of Modesto, Inc.’s Second Amended Complaint for Damages – DENIED. a) The Court finds that the Fifth Cause of Act...

  • Hearing

    Jun 10, 2020

WELLS FARGO BANK VS PEREZ, PEDRO

Plaintiff’s Motion to Vacate Dismissal - GRANTED, and unopposed. Plaintiff has demonstrated entitlement to the relief requested. The Court will sign the proposed order submitted by Plaintiff....

  • Hearing

    Jun 10, 2020

SALES, ROSARIO VS HOWZE, HELEN JUANITA

Defendant’s Motion to Compel Further Responses to Special Interrogatories and for Monetary Sanctions – CONTINUED, on the Court’s own motion, to July 7, 2020, at 8:30 a.m. in Department 21. The Court finds that the parties have failed to engage in a meaningful meet and confer process. Defendant is plainly entitled to more information than she has ...

  • Hearing

    Jun 09, 2020

ARAGON, SIMPLICIO G VS FCA US LLC

Defendants’ Motion for Terminating Sanctions against Plaintiffs – HEARING REQUIRED. The Court is inclined to grant the motion and dismiss Plaintiffs’ lawsuit with prejudice due to Plaintiffs’ failure to comply with discovery or to otherwise litigate their claim over the past year. However, in light of their counsel’s withdrawal in September 2019,...

  • Hearing

    Jun 09, 2020

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